# Regarding conferment of powers to try the offences under

- **Citation:** C.L. No. 30/Admin.(Services/2019
- **Court:** Allahabad High Court
- **Decided:** 2019-11-19
- **Case number:** C.L. No. 30/Admin.(Services/2019
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/regarding-conferment-of-powers-to-try-the-offences-under-161931
- **Pages:** 25

## Headnote

Regarding conferment of powers to try the offences under

## Text

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C.L. No. 30/Admin.(Services/2019, Dated: November 19, 2019

Subject:
Regarding conferment of powers to try the offences under

Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

Sir,

I am directed to inform you that Hon‟ble Court has been pleased to pass an
Order that VII the Additional District & Sessions Judge of the concerned district
may be conferred with the powers to try the offences under Narcotic Drugs and
Psychotropic Substances Act, 1985 and if there is no VIIth ADJ, then junior most
Additional District & Sessions Judges may be empowered for the same.

Hon‟ble Court has further been pleased to direct all the District & Sessions
Judges to designate VIIth ADJ to try cases under the said Act and if there is no
VII the ADJ, the junior-most ADJ be empowered for the same.

In those districts where 02 Courts have been designated for trying cases
under NDPS Act, the VIIthe ADJ and immediate junior officer to VIIth ADJ be
designated as Special Judge to try the cases under NDPS Act,. If there is no such
Officer, then two junior-most HJS Officers be designated for the said purpose. s

The District & Sessions Judges may also ensure that all such designated
Officers preside over the Court of Additional District & Sessions Judge created
vide G.O. No. 10/2016/870/VII-Nyay-2-2016-85G/2012 dated 06.07.2016 read
with Government Notification No. 1809/VII-Nyay-2-2019-159/96 dated
19.08.2019.

I am, therefore, to request you that kindly take necessary steps accordingly.

C.L. No. 31/Admin.(Services/2019, Dated: November 19, 2019

Subject:
Regarding Local Arrangements in the Districts.

Sir,

In continuation to the Court‟s Circular Letter No. 02/Admin.
(Services)/2019 dated 17.01.2019, I am directed to inform you that the said
Circular letter dated 17.01.2019 stands modified to the extent that now, list of
Special Court created for a special purposes, as mentioned in the said letter,
includes 1, Family Court, 2. Additional Family Court, 3. Special Courts
(Anticorruption CBI), 4. Special Judge (Prevention of Corruption Act), 5. Special
Court (Ayurveda Scam), 6. Special Court, Ayodhya Prakaran, 7. Special Court
designated to try the cases u nder POCSO Act which are to be excluded while
vaunting/fixing seniority of HJS Officers posted in districts for assigning Special
Powers to try cases under the Special Acts.

I am, therefore, to request you that kindly take necessary steps accordingly.
C.L. No. 34/Admin. „G-II‟ Dated: 28.11.2019

Subject:
Guidelines for verification of surety bond.

Madam/Sir,

Reiterating the circular letters quoted in the margin, I am directed to
request you that the guidelines issued for verification of sureties be followed by
all concerned infallibly. The amount of surety bonds should be fixed
commensurate with the gravity of the offence. In this regard revenue documents
submitted as surety shall eventually be verified by a person, nominated by the
District Magistrate, in the Court campus since, revenue records are now available
online. Request in this regard has also been moved to the Government.

In respect of the same, a computer system with WiFi facility should be
provided to the person concerned so that the time taken in verifying the revenue
records may be reduced.

As far as the verification of address of the sureties is concerned, it shall be
expedited in true manner. Photocopy of the Adhaar/passport may als be taken
with the bail bond with the view to ensure that the surety is turned up.

You are, therefore, requested to take necessary steps to ensure compliance
of the above mentioned directions of Hon‟ble Court in letter and spirit.
C.L. No. 03/Admin.(Services/2020, Dated: March 03, 2020

Subject: Regarding appointment/nomination of Presiding Officers in the 144

new Courts created vide Government Order No. 2/2020/221/VII-Nyay-

2-2020-62G/2013TC dated 25.01.2020 for trying rape cases along with

the cases under POCSO Act, 2012.

Sir,

I am directed to inform you that for the first time, Hon‟ble Court has been
pleased to post Presiding Officers in the 144 newly created regular Courts for
trying rape cases along with the case under POCSO Act, 2012 vide Court‟s
Notification dated 25.02.2020 for making these Courts functional. But from now
onwards, Hon‟ble Court has been pleased to empower concerned District &
Sessions Judges to appoint/nominate Presiding Officers in the said Courts
keeping in view that such Officer(s) should be junior to the Presiding Officer of
exclusive POCSO Court of the district.

As far as 74 exclusive POCSO Courts are concerned, posting of Presiding
Officers in the Court shall be made by the Hon‟ble High Court.

I am, therefore, to request you to kindly take necessary steps accordingly.
C.L. No. 03/Admin."D‟ Dated 01.03.2021

Subject:
Adoption of GO with regard to relaxation in prescribed period
of promotion in Class-II cadre.

Madam/Sir,

I am directed to inform you that Hon‟ble Court has been pleased to adopt
G.O. No.Ve.Aaa-2-401/Dus-54(m) 2008 T.C. dated 18.03.2011 and G.O. No.
V.Aaa-2-44/Dus-54(M) 2008 T.C. dated 17.01.2014 regarding relaxation of
prescribed period for promotion in class III posts of the District Courts and has
resolved that till amendment in the Rules in this regard, officers/officials of the
District Courts be promoted according to aforesaid G.Os. dated 18.03.2011 and
17.01.2014.

I am, therefore, to request you to kindly take further necessary action in the
light of aforesaid resolution.

General Letter No. /IV-h-14/2021; Dated: Allahabad: April , 2021

Subject:
QUOTA/UNIT FOR SESSIONS TRIALS/SPECIAL CASES
UNDER POCSO ACT.

Madam/Sir,

With reference to the Hon‟ble Courts General Letter‟ No. 11/IV-h-14/2019,
dated 05 March, 2019, on the above subject, I am directed to say that the Hon‟ble
Court, after consideration and detailed deliberation in the matter, has been pleased
to make some amendment in the Unit System implemented vide Court‟s General
Letter aforesaid. A separate column „Column No. 22‟ under the head „Sessions
Trials/Special Cases under POCSO Act‟, attached to this General Letter, has been
added in Annexure-A and the chart for Unit System has been modified
accordingly.

This will come into force with effect from the date of issuance of this
General Letter.

The contents of this General Letter may kindly be brought to the notice of
all the officers working under your administrative control for their guidance and
compliance. You are also requested to forward a copy of he same to the Principal
Judge(s), Family Courts and Presiding Officer(s), MACTs; LARRAs and
Commercial Courts of your district for information.
Circular Letter No. 17/Admin."D‟/Allahabad/ Dated 02.08.2021

Subject:
Compliance of "The Uttar Pradesh Regularisation of Persons
Working on Daily Wages or Work Charge or, on Contract in Government
Departments on Group "C" and Group "D" Posts (outside the purview of
the Uttar Pradesh Public Service Commission) Rules, 2016" in respect of
Subordinate Courts as adopted by the High Court.

Madam/Sir,

While enclosing herewith, a copy of the Government Notification
Miscellaneous No.9/2016/2/1/97-Ka-2-2016 Dated, Lucknow, 12 September,
2016 viz. "THE UTTAR PRADESH REGULARISATION OF PERSONS
WORKING ON DAILY WAGES OR WORK CHARGE OR ON CONTRACT
IN GOVERNMENT DEPARTMENTS ON GROUPS „C‟ AND GROUP „D‟
POSTS (OUTSIDE THE PURVIEW OF THE UTTAR PRADESH PUBLIC
SERVICE COMMISSIONN) RULES, 2016", I have been directed to say that
Hon‟ble Court has been pleased to adopt the above mentioned Rules mutatis
mutandis in respect of Subordinate Courts.

You are, therefore, requested to take necessary steps for implementation of
the aforementioned Rules in your Judgeship.

C.L. No. 24/Admin. "G-II" Dated:Allahabad 08.11.2021

Subject:
Reconstitution of Committee constituted to monitor timely
disbursal of maintenance awarded to women by the courts.

Madam/Sir,

In modification of Circular Letter No. 14 dated 11.05.2018, I am directed
to inform you that Hon‟ble Court has been pleased to reconstitute the Committee
constituted to monitor timely disbursal of the maintenance awarded to women by
courts and to supervise the speedy execution of warrants, in case one is being
issued by the court towards the grant of maintenance.

The Committee shall now consist of the Principal Judge, Family Court and
the Superintendent of Police (SP) as Members.

You are, therefore, requested to circulate a copy of instant Circular Letter
amongst all the concerned and to ensure strict compliance of the same in letter
and spirit.

C.L. No. 27/Admin. "G-II" Dated:Allahabad 24.11.2021
Subject:
Transfer of Cases from Courts Falling Vacant to Courts of
Competent Jurisdiction on account of transfer, etc. of Presiding Officer.

Madam/Sir,

While noticing the problem of litigants and stakeholders, to the effect that
when courts fall vacant, vacant courts remain saddled with a pendency which
delays speedy disposal of cases, I am directed to inform your good self that the
Hon‟ble Court has been pleased to direct that:-

"District & Sessions Judges & Principal Judges of Family Courts to
strictly ensure that no case remains pending in courts falling vacant on
account of transfer etc. of presiding officers, unless the same is specifically
barred.

That immediately upon handling over charge by the transferred
Presiding Officer and the Court falling vacant as a result thereof, the staff
attached to such vacant court be transferred to other courts/establishment."

You are therefore, requested to ensure strict compliance of directions of
Hon‟ble Court in letter and spirit.

C.L. No. 28/Admin. "G-II" Dated:Allahabad 04.12.2021

Subject:
Prohibition on passing Judicial Orders on Printed Proforma.

Madam/Sir,

While deciding Criminal Misc. Application u/s 482 no. 11334 of 2021,
titled In Re: Pankaj Jaiswal versus State of U.P. and Another, Hon‟ble Court has
taken a serious note on the practice of passing Judicial Orders on Printed
Proforma by Judicial Officers and found that this practice deserves to be
deprecated. Hon‟ble Court observes that a Judicial Order shall not be passed in
mechanical manner and shall reflect application of judicial mind.

Vide order dated 09.08.2021 passed I instant Criminal Misc. Application
u/s 482 no. 11334 of 2021, Hon‟ble Court has directed all the judicial officers of
the State not to use "Printed Proforma" in passing the Judicial Officers in view
of the observations made vide instant judgment.

I am, therefore, to request you to ensure strict compliance of the above
mentioned directions of Hon‟ble Court by all the concerned under your
supervision and administrative control, in letter and spirit.

 C.L. No. 31/Main-B/(Admin. A-3)/Allahabad 24.12.2021

Subject:
Regarding compliance of the orders dated 24.11.2021 of the
Hon‟ble Apex Court passed in Writ Petition (Civil) No. 699/2016 titled
Ashwinin Kumar Upadhyay & Others V. Union of India & Others.
Madam/Sir,

In compliance of the orders dated 24.11.2021 of Hon‟ble Apex Court
passed in Writ Petition (Civil) No. 699/2016 titled Ashwini Kumar Upadhyay &
Others v. Union of India & Others, the Hon‟ble Court has been pleased to
designate the court of competent Magisterial level i.e. a Judicial Officer of the
rank of ACJM or CJM (where no ourt of ACJM exists), for trial of criminal cases
(involving former and sitting legislators) falling within their jurisdiction, in each
district.

I have further been directed to request the designated officer to commence
further proceedings in the respective cases from the stage which has been reached
prior to the transfer of the proceedings and shall not commence afresh as a
consequence thereof, in terms of the provisions of Code of Criminal Procedure
1973 or special enactment governing the trial of the offence with which the
accused in charged.

I have further been directed to inform you that the designated officer shall
try such criminal cases pending against elected M.Ps/M.L.As, as long as they are
posted in their respective districts. As and when their tenure in the district is
completed or in case of special exigencies, the name of an officer of the
Magisterial court, be recommended, whose remaining tenure is not less than two
years or have a maximum tenure in the judgeship for his/her designation to try the
aforesaid cases, by the Hon‟ble Court.

I am, therefore, to request you to kindly ensure strict compliance of the
above mentioned orders/directions of the Hon‟ble Court.
C.L. No. 3/Admin. "G-II" Dated: 29.01.2022

Subject:
Writing orders, statements and office reports in clear and legible
handwriting.
Ref.: G.L. No. 887/44-28 dated 3rd March 1914

Madam/Sir,

Hon‟ble Court has observed that some of the orders, statements and office
reports in the Subordinate Courts are written in such bad hand writing that the
same cannot be read properly. Some orders, statements and office reports are
even illegible.

In this regard, Hon‟ble Court has been pleased to direct that the
Peshkars/Readers are duty-bound to write down the order in a legible manner,
failing which, it may be treated as a misconduct. It has also been directed that all
the statements recorded, as well as, office reports scribed on order sheets should
be done in a clear and legible handwriting. If any order, statement or office report
is written in the order-sheet in a manner which cannot be read, the erring official
shall be issued a notice calling for his/her explanations whereupon departmental
proceedings may be initiated against the concerned official, as per law.

While enclosing herewith, an e-copy of order dated 28.10.2021, passed by
Hon‟ble Court in Case No. 4203 of 2021 (U/s 482/378/407) (at Lucknow Bench),
I am directed to request you to kindly ensure strict compliance of the directions
issued by the Hon‟ble Court, by all concerned, in letter and spirit.

You are, further, requested to forward the instant letter to all the Principal
Judges, Family Courts & Presiding Officers of Commercial Courts, MACTs and
LARRAS of your respective district, for strict compliance of the aforesaid
directions, by all concerned.

General Letter No. 08/IV-h-14/2022:Dated: Allahabad: May 18, 2022

Subject:
QUOTA/UNIT
FOR
OBJECTION
U/S
34
OF
THE
ARBITRATION & CONCILIATION ACT AND CASE WITHDRAWN OR
COMPROMISED

Madam/Sir,

With reference to the Hon‟ble Court‟s General Letter No. 11/IV-h-14/2019,
dated 05 March, 2019, on the above subject, I am directed to say that the Hon‟be
Court, after consideration and detailed deliberation in the matter, has been pleased
to make the following modification in the Annexure „B‟ of the Unit System
implemented vide Court‟s General Letter aforesaid:-
Annexure „B‟
District and Session Judge(s) and Additional District and Sessions Judge(s)
(Civil Work)
Sl.No.
Details/Nature of
Cases
Units
Incentive (Present)
Incentives
(Changed/Modified)
3.
Objection u/s 34
of the Arbitration
&
Conciliation
Act
4 Units
 1 Unit for cases more
than 05 years old.
 2 Units for cases more
than 10 years old.
 3 Units for cases more
than 20 to 30 years
old.
 4 Units for cases more
than 40 years old.
 2 Unit for cases more
than 05 years old.
 3 Units for cases
more than 10 years
old.
 4 Units for cases
more than 20 to 30
years old.

13.
Case withdrawn or
compromised
2 Units
per case
 1 Unit for cases more
than 05 years old.
 2 Units for cases more
than 10 years old and
above.

 2 Unit for cases more
than 05 years old.
 3 Units for cases
more than 10 years
old and above.

Periodic review shall be made, both at the level of District
Judges/Commercial Courts and this Court to ensure that all execution proceedings
pending for more than 02 years are decided in a time bound manner, preferably
within next 03 months.

This will come into force with effect from the date of issuance of this
General Letter.

The contents of this General Letter may kindly be brought to the notice of
all the officers working under your administrative control for their guidance and
compliance. You are also requested to forward a copy of the same to the Principal
Judge(s), Family Courts and Presiding Officer(s), MACTS; LARRAs and
Commercial Courts of your district for information.
C.L. No. 09/Admin."G-II" Dated: 26.05.2022

Subject:
Hearing of subsequent Bail applications in same case crime
number registered in same police station by the same Judge.

Madam/Sir,

In accordance with the principles laid down by Hon‟ble The Supreme
Court in the case of Shahzad Hasan Khan V. Ishtiaq Hasan Khan and another
(1987) 2 SCC 684 and observation made in the case of Jagmohan Bahl and
another v. State NCT of Delhi (2014) 16 SCC 501, this Hon‟ble Court has been
pleased to direct the following:-

"All the District and Sessions Judges should henceforth ensure that the

subsequent bail applications or second bail application or Bail

Applications filed by different accused persons in the same case crime

number registered in the same Police Station, shall be placed for

disposal before the same Judge, who heard the first bail application

in that case crime number, if posted in the judgeship."

You are, therefore, requested to ensure strict compliance of directions of
Hon‟ble Court in letter and spirit.

General Letter No. 11/IV-h-14/2022:Dated: Allahabad: August 18, 2022

Subject:
IMPLEMENTATION OF UNIT SYSTEM IN DISTRICT
JUDICARY OF UTTAR PRADESH.

Madam/Sir,

With reference to the Hon‟ble Court‟s General Letter No. 11/IV-h-14/2019,
dated 05 March, 2019, on the above subject, I am directed to say that the Hon‟ble
Court, after consideration and detailed deliberation in the matter, has been pleased
to make some modifications in the Unit System implemented vide Court‟s
General Letter aforesaid, which are annexed with this General Letter as Annexure
A,B,D and E and the chart for the Unit System has been modified accordingly.

The Hon‟ble Court has further been pleased to order that of the 1200/1000
units expected to be given as an out-turn by each judicial officer during an
Assessment Year, a minimum of 600/500 units must be obtained from the final
disposal of a case which actually goes into pendency reduction. For the period
that the officer has not worked on the judicial side (on account of being on
leave/training or such other reasons), to that extent the requirement of the
aforesaid 600/500 units shall be adjusted on the lesser side on a pro-rata basis.

This will come into force with effect from 1st September, 2022.

C.L. No. 14/Admin.‟D‟ Section Dated: 15.10.2022

Subject:
Supersession of C.L. No. 41 Admin(D) Section dated 14.04.1980
regarding Re-appointment of retired District Court Employees.
Madam/Sir,

In the supersession of earlier C.L. No. 41 Admin. (D, Section dated
14.04.1980, Hon‟ble Court has been pleased to direct the District Judges that if
there is shortage of Staff & difficulty in running the Court the District Judge
under prior intimation to the Hon‟ble Court may re-appoint retired District Court
Employees against the substantial vacancies existing in their Judgeships, from
amongst the superannuated employees of District Court, subject to the terms and
conditions as mentioned below:-

1. The said retired Sitrict Court Employee must not have attained the age of
65 years.
2. Re-appointment may be offered upto one year at a time or filling up of the
substantial vacancy, either by way of promotion or direct recruitment, or
which re-appointment has been made or attains the age of 65 years,
whichever is earlier.
3. Amount paid as emoluments will be on the principal of last pay drawn
minus amount of pension.
4. The District Judge shall offer such appointment after taking into
consideration the past record and A.C.R. of the said retired District Court
Employees.

Therefore, I am communicating the same for information and compliance.
C.L. No. 05/Admin."G-II" Dated: 23.02.2023

Subject:
Model Code of Conduct for Judicial Officers with regard to visit
of Hon‟ble Judges.

Madam/Sir,

Reiterating the circular letters quoted in the margin, I am directed to
communicate that no judicial officer or the District Judge
shall receive or see off Hon‟ble the Chief Justice or other
Hon‟ble Judges at the road side of the highways or at any
other place when they are passing through and have no
programme to halt or stay during court hours and even
before or after the court hours. Only a senior non-Judicial
Administrative Officer will receive, see off and provide
protocol services to them as per norms.

However, if Hon‟ble Judge visits the District on any
holiday or beyond the court hours, the judicial officer(s) may welcome the
Hon‟ble Judge at the Guest House/place of stay.

You are, therefore, requested to e nsure strict compliance of the above
mentioned directions of Hon‟ble Court in letter and spirit by all the concerned
under your supervision and administrative control.

C.L. No. 07/Admin."G-II" Dated: 14.03.2023

Subject:
Compliance of order/judgment dated 31.01.2023 passed by
Hon‟ble Supreme Court in Suo Moto Writ Petition (Crl.) No. 04 of 2021
titled as in Re: Policy Strategy for Grant of Bail.

Madam/Sir,

Hon‟ble Court has been pleased to direct the following -

"........ The Court which grants bail to an undertrial prisoner/convict
would be required to send a soft copy of the bail order by e-mail to the
prisoner through the Jail Superintendent on the same day or the next day.
Whereupon the Jail Superintendent would be required to enter the date of
grant of bail in the e-prisons software (or any other software which is being
used by the Prison Department).

In cases where the undertrial or convict requests that he can furnish
bail bond or sureties once released, then in an appropriate case, the Court on
the request of Secretary DLSA may consider granting temporary bail for a
specified period to the accused so that he can furnish bail bond or sureties.
1. C.L. No. 25/Admin
G-II,
dated
28.09.2016.
2. Letter No. 12/PS
(RG)
dated
13.01.2011.
3. C.L. No. 29, dated
13.08.2003.
4. C.L. No. 20, dated
15.09.2003.
It the bail bonds are not furnished within one month from the date of
grant bail, the concerned Court may suo moto take up the case and consider
whether the conditions of bail require modification/relaxation.

One of the reasons which delays the release of the accused/convict is
the insistence upon local surety. It is suggested that in such case, the courts
may not impose the condition of local surety."

You are, therefore, requested to take necessary actions to ensure
compliance of the above mentioned directions of Hon‟ble Supreme Court in letter
and spirit.

No.: 5356 /Admin. „G-II‟: Allahabad Dated 20.04.2023

Sub.: Compliance of judgment order dated 16.03.2023 passed by this
Hon‟ble Court in Criminal Misc. Bail application No. 9126 of 2023, titled
Jitendra v. State of UP.

Madam/Sir,

While hearing the above-mentioned case, Hon‟ble Court in its order dated
16.03.2023, has issued certain directions to the learned trial courts regarding
service of summons by registered post as provided under Chapter VI in Section
69 of Code of Criminal Procedure.

The process of service of summons is provided under Chapter VI in

Section 69 of Code of Criminal Procedure which reads as under:
"69. Service of summons on witness by post. (1) Notwithstanding anything
contained in the preceding sections of this Chapter, a Court issuing a
summons to a witness may, in addition to and simultaneously with the
issue of such summons, direct a copy of the summons to be served by
registerd post addressed to the witness at the place where he ordinarily
resides or carries on business or personally works for gain."

It appears that the provisions has long been in disuse. The option of
serving the witnesses through registered deposits in not being exercised by
the learned trial courts. All District Judges may be advised to consider the
applicability of Section 69 CrPC and service of summons by registered posts
to expedite the trial proceedings as per law.

In this regard, while enclosing herewith, a pdf copy of judgment order
dated 16.03.2023 passed by this Hon‟nble Court in Criminal Misc. Bail
application NO. 9126 of 2023 titled Jitendra v. State of UP, I am directed to
forward a copy of the same for information and ensuring necessary compliance
by all concerned.
C.L. No. 11/2023/Admin."G-II" Dated: Allahabad 27.04.2023

Subject:
Directions issued by Hon‟ble Supreme Court in Special Leave
Petition (Crl.) no. 5191 of 2021 titled Satender Kumar Antil v. Central
Bureau of Investigation & Another.

Madam/Sir,

Hon‟ble the Supreme Court has taken a serious note upon the practice of
Judicial Officers of their dealing with the matter of custody and of bail in
lackadaisical manner even after clear directions issued in this regard time and
again.

Vide order dated 07.10.2021 passed in above captioned Special Leave
Petition (Cri), Hon‟ble Supreme Court has approved guidelines regarding
Category/Types of offences and their Requisite Conditions. A copy of the said
order was provided to all the District Courts vide Court‟s letter no. 14701 dated
14.12.2021 for strict compliance.

Vide order dated 11.07.2022 Hon‟ble the Apex Court has reiterated the
principle of presumptions of innocence and of Bail is the rule and jail is
exception. A detailed guideline has also been issued by the apex Court with
regard to the matter of the Judicial Custody of accused and of bail. A copy of the
said order was provided to all the District Courts vide Court‟s letter no.11980
dated 17.09.2022 for strict compliance.

Vide order dated 21.03.2023, passed in Misc. Application No. 2034 of
2022 in Misc. Application No. 1849 of 2021 in Special Leave Petition (Cri.) no.
5191 of 2021 titled Satender Kumar Antil v. Central Bureau of Investigation &
Another (pdf copy enclosed), Hon‟ble the Supreme Court has issued several
directions in this regard.

On the basis of directions issued by Hon‟ble Supreme Court, this Hon‟ble
Court issues following directions to all the courts dealing with criminal matters:
1. Compliance of section 309 CrPC shall be made in letter and spirit.
2. Unnecessary adjournments shall strictly be curtailed.
3. Investigating agencies and their officers are duty bound to comply with the
mandate of section of 41 and 41-A of CrPC and with the directions issued
by Hon‟ble Apex Court in the matter of Arnesh Kumar vs State of Bihar
(2014) 8 SCC 273. Any dereliction of their part has to be brought to the
notice of higher authorities by the courts followed by appropriate action.
4. The courts shall have to satisfy themselves on the compliance of Section 41
and 41-A af the code. Any non-compliance would entitle the accused for
grant of bail.
5. There need not be any insistence of a bail application while considering the
applications u/s 88, 170, 204 and 209 of the Code.
6. The mandate laid down by Hon'ble Supreme Court in the matter of
Siddharth Vs State of U.P. (2021) SCC 676, shall strictly be complied
with.
7. Appropriate action will have to be taken in light of section 440 of the Code
to facilitate the release of undertral prisoners who are not able to comply
with the bail conditions.
8. An exercise will have to be done by the courts in similar manner to comply
with the mandate of section 436-A of the code as directed by Hon'ble
Supreme Court in the matter of Bhim Singh vs Union of India (2015) 13
SCC 605.
9. Bait applications ought to be disposed of within a period of two weeks
except if the provisions mandate otherwise, with the exception being and
intervening applications. Applications for anticipatory bail are excepted to
be disposed of within a period of six weeks with the exception of any
intervening application.
10. It is the bounden duty for the subordinate judiciary to follow the law of
land and even after if the people are sent to judicial custody where they are
not required to be sent and if aggrieved parties move further litigation on
account of the same, the Magistrates may be withdrawn from judicial
works and be sent to the judicial academies for upgradation of their skill
for some time.

You are, therefore, requested to ensure strict compliance of of enclosed
judgment of Hon'ble Supreme Court and of above-mentioned directions by all
concerned in letter and spirit.

You are further requested to monitor the strict compliance of the same and
to submit compliance report to the Administrative Judge of your district on
monthly basis.

C.L. No. 12/2023/Admin."G-II" Dated: Allahabad 09.05.2023

Subject:
Numbering of paragraphs in all orders and judgments in
seriatim.

Madam/Sir,
Hon‟ble Supreme Court, in Shakuntala Shukla v. State of Uttar Pradesh,
2021 SCC Online SC 672, has observed following:-

"35.....A judgment should be coherent, systematic and logically
organized .........."

Likewise, in State Bank of India v. Ajay Kumar Sood, 2022 SCC Online
SC 1067, Hon‟ble Supeme Court had opined:-

"21. It is also useful for all judgments to carry paragraph numbers as
it allows for case of reference and enhances the structure, improving the
readability and accessibility of the judgments. A table of Contents in a longer
version assists access to the reader."

While emphasizing on the aforesaid directions, Hon‟ble Supreme Court
vide order dated 13.04.2023 passed in Criminal Appeal No(s) 1890 of 2014,
titled „B.S. Hari Commandant v. Union of India & Ors.‟ (pdf copy enclosed),
has directed that all Courts and Tribunals, as a matter of practice, shall number
paragraphs in all orders and judgments in seriatim and adopt uniform format for
judgments and orders.

You are, therefore, requested to ensure strict compliance of the above
mentioned direction of Hon‟ble Supreme Court, by all the concerned, under your
supervision and administrative control, in letter and spirit.

C.L. No. 13/2023/Admin."G-II" Dated:Allahabad 09.05.2023

Subject:
Regular inspection of Gram Nyaylayas.

Madam/Sir,

I have been directed to inform you that Hon‟ble Court has been pleased to
direct all the District Judges of the districts where the Gram Nyayalaya are
functioning, to visit the Gram Nyayalayas regularly & submit their inspection
report to this Hon‟ble Court.

In this regard, I have been directed to request you to visit the Gram
Nyayalaya(s) of your judgeship in accordance with the provision of Rule 29 of
Uttar Pradesh Gram Nyayalays Practice & Proceure Rules, 2009 and submit your
report to this Hon‟ble Court thereafter.

You are further requested to submit your report every six months (June &
December),
strictly
in
odt.
format,
through
email
at
inspection@allahabadhighcourt.in so that the same may be placed before the
Hon‟ble Court as directed.

C.L. No. 15 /Admin."G-II" Dated : 05.06.2023
Subject:
Compliance of the directions issued by Hon‟ble Court in
Criminal Misc. Writ Petition No. 17732 of 2020, Vimal Kumar and 3 others
v. State of UP and 3 others.

Madam/Sir,

While deciding above mentioned Criminal Misc. Writ Petition No. 1732 of
2020 - Vimal Kumar and 3 others v. State of U.P. and 3 others, Hon‟ble Court
has issued directions to all the Sessions Courts and Magistrates to monitor and
oversee the applications for remand sought by the arresting police officers.

While enclosing herewith a pdf copy of order dated 28.01.2021 of Hon‟ble
Court passed in above mentioned Criminal Misc. Writ Petition No. 17732 of
2020, Vimal Kumar and 3 others v. State of U.P. and 3 others, I am directed to
request you to ensure strict compliance of the directions issued vide instant
judgment, by all the concerned under your supervision and administrative control.

You are further requested to forward a copy of the same to all the Judicial
Officers working under your administrative supervision and control for their
information and necessary compliance.
Note: Please see - Vimal Kumar and 3 others v. State of U.P. and 3 others,
Criminal Misc. Writ Petition No. 1732 of 2020.

C.L. No. 16/2023/cf(C):Allahabad 06.06.2023

Madam/Sir,

With reference to the Court

ANNUAL CONFIDENTIAL REMARKS
YEAR ....................
(Period From ........... to ............)

Name of the Officer

Length of Service

Post(s)/Office(s) held during the year under
report

1. Remarks by the District Judge regarding

a. Integrity of the Officer whether beyond
doubt, doubtful or positively lacking.
Note: If the officer‟s integrity is doubtful or
positively lacking, it may be so stated
with all relevant facts reasons(s) and
supporting material.
b. If she/he is fair and impartial in
dealings with the public and Bar ?

c. If she/he is cool minded and does not
loose temper in court?

d. Her/His private character is such as to
lower her/him in the estimation of the
public and adversely affects
the
discharge of her/his official duties.

e. Control over the files in the matter of

i(a). Proper fixation of cause list.

(b) Whether sufficient number of cases
are fixed by her/him to keep her/him
engaged during full court hours.

ii.
Avoidance
of
unnecessary
adjournments.

iii. Disposal of old cases (Give number
and year of old cases decided.

iv. Progress and disposal of execution
cases.

v. Whether interim orders, injunctions
granted,
refused
or
retained
for
sufficient reasons?

vi. Are cases remanded on substantial
grounds?

vii.
Performance
with
regard
to
decision of motor accident claims
related to death injury.

f. Whether judgment on facts and law
are on the whole sound, well reasoned
and expressed in good language?

Note: The following factors should also be
indicated in filling up this column:
(i)
Marshaling of facts:
(ii)
Appreciation of evidence:
(iii)
Application of law; &
(iv)
Judgment/order writing capability:
(Please comment on the quality of the
passing/writing judgment/Order)
(Category in which the Judgments are to be
placed, viz. A+ Outstanding, A- Very Good,
B+ Good, B- Average/Satisfactory, C-Below
Average)
g. Whether disposal of work is adequate?
(Give percentage and reasons for short
disposal, (if any)

Note: The following factors should also be
indicated in filing up this column:
(i)
Number of cases decided after actual
full contest;
(ii)
Number of cases decided wherein all
witnesses of fact turned hostile and the
case ended in acquittal.
(iii)
Number of civil cases decided on
compromise/alternate
dispute
resolution.
(iv)
Number
of
cases
wherein
after
conclusion of arguments and reserving
them for judgment, rehearing was
ordered.

h. Control
over
the
office
and
administrative capacity and tact.

i. Relations with members of the Bar
(mention incidents, if any)

j. Behaviour in relation to sister/brother
officers (mention, incidents, if any)

k. Whether the officer has made regular
inspections of her/his court and offices
in her/his charge and whether such
inspections are full and effective?

l. Her/His punctuality and regularity in
sitting on dais in court during court
hours.

m. Whether amenable to the advice of the
District Judge and other superior
officers
n. Behaviour towards women (respect
sensitivity exhibited towards them)

2. Overall assessment of the merit of the
 officer, (Outstanding, Very Good, Good,
 Average, Poor).

3. State of health with remarks, if any.

4. Other remarks, if any.

C.L. No. 9087 /Admin."G-II" Dated : 11.07.2023

Subject:
Compliance of judgment order dated 12.06.2023 passed by this
Hon‟ble Court in Criminal Misc. Bail application No. 26321 of 2023, titled
Mohammad Wasim v. State of UP and 3 others..

Madam/Sir,

While hearing the abovementioned case, Hon‟ble court in its order dated
12.06.2023 has issued certain directions to the learned trial courts regarding
service of notices upon victim/parents/guardians and the Child Welfare
Committee (CWC) by the police authorities while considering the bail
applications under the POCSO Act.

In this regard, while enclosing herewith a pdf copy of judgment order dated
12.06.2023 passed by tis Hon‟ble Court in Criminal Misc. Bail application of
26321 of 2023 titled Mohammad Wasim v. State of U.P. and 3 others along with
judgment order dated 09.07.2021 passed in Criminal Misc. Bail Application No.
46998 of 2020 titled Junaid v. State of U.P. and another reported at 2021(6) ADJ
511, I am directed to request you to ensure strict compliance of the directions as
contained therein, in letter and spirit.
Note: Please see - Mohammad Wasim v. State of of U.P. and 3 others, Crl. Misc.
Bail Application No. 26321 of 2023.

C.L. No. 22/Admin."G-I" Dated : 23.08.2023

Subject:
Procedure to be followed for Payment Advice for Remittance of
Compensation in MACT Cases.

Madam/Sir,
I have been directed to say that keeping in view to safeguard the interest of
the victims/claimants and to ensure that the victims/claimants get full
compensation, less the legal costs, the Hon‟ble Court has been pleased to issue
certain directions which are set out at Appendix-I. The Claims Tribunals are
hereby instructed to abide by the directions without any let or hindrance,
scrupulously and in case they find any procedural difficulty while implementing
the same, it can be brought to the attention of this Court through the Registry.

A flow chart depicting the mode in which the transactions, namely deposit
and payment of compensation, are to be made is also annexed to this circular
letter, at Appendix-II.

You are, therefore, requested to ensure strict compliance of the directions
given at Appendix-I&II in letter and sprit.
Encl.: As above.
Appendix-„I‟

PROCEDURE BEFORE PASSING AWARD

1.
The Claims Tribunals shall without exception, at the time of
commencement of trial and evidence on the side of claimants, obtain and
ensure that the bank account details of all the claimants as follows:
1.
Name of the claimant(s)/victim (s) with
address

2.
Name of the Bank & Branch Bank

3.
Bank IFSC Code

4.
Account No(s). of the
claimant(s)/victim(s).

The first page of the bank-pass book, which will compulsorily contain the
photograph of the claimant(s)/victim(s), duly attested by the Bank concerned,
should be made available. Wherever the claimant(s)/victim(s) are impleaded as
respondents, before the claims tribunal or the Court, their account details, as
above, will have to be furnished.
2.
In case after disclosure of the bank account details before the Claims
Tribunal in terms of Clause (1), a new person is added in the account for any
reason whatsoever, it is incumbent on the part of the claimant/victim to disclose
the same to the Claims Tribunal indicating the relationship of the newly added
person to the claimant/victim and the purpose.
3.
The Claims Tribunals shall also obtain and ensure the marking of Pan Card
of all the claimants, wherever available.
4.
If the claimant/victim does not have a Pan Card, the Claims Tribunal shall
endeavour to advise the claimant/victim about the importance of having such a
card, namely, to avoid higher Tax Deduction at Source, for their own benefit,
before conclusion of trial. For this purpose, the District Legal Services
Authorities and Taluk Legal Services Authorities can facilitate and provide
assistance.
5.
The Claims Tribunals may verify and confirm if the claimant/victim has an
Aadhaar card, and if there is one, he/she may be called upon to mark a self
attested copy of the Aadhaar Card.
6.
In case of minor claimants, their bank account details should be obtained
and marked. The name of the guardian has to be specified.
7.
The Claims Tribunals shall ensure compliance of clause (1) above, before
conclusion of trial.
PROCEDURE AFTER PASSING AWARD